HomeMy WebLinkAbout10 018 All-Terrain Vehicles Use Amendment By-Law•
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY -LAW
NO. 2010 - 018
BEING A BY -LAW TO AMEND BY -LAW NO. 2008 -142
> BEING A BY -LAW TO PERMIT AND CONTROL THE OPERATION OF "ALL
TERRAIN VEHICLES" (ATV'S) ON HIGHWAYS UNDER THE JURISDICTION
OF THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE <
AND WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as
amended, Section 8 (1) and 9 provide that the powers of a municipality under this
or any other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 191.8 (3) of the Highway Traffic Act, R.S.O. 1990, c.H.8,
as amended, authorizes the Council of a municipality to pass by -laws permitting
the operation of off -road vehicles on any highway within the municipality that is
under the jurisdiction of the municipality, or on any part or parts of such highway;
AND WHEREAS Sections 11 (1) and (3) of the Municipal Act, 2001, S.O. 2001, c.
25 as amended gives broad authority to lower -tier municipalities to provide any
service or thing that the municipality considers necessary or desirable for the
public and respecting matters within the sphere of jurisdiction highways, including
parking and traffic on highways;
AND WHEREAS with the passage of By -law No. 2008 -142, the Council of The
Corporation of the Municipality of Kincardine adopted rules to permit and control
the operation of `All Terrain Vehicles" (ATV'S) on highways under their jurisdiction;
AND WHEREAS Council deems it advisable to amend By -law No. 2008 -142;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Section 2.4 (b) of By -law No. 2008 -142 be hereby amended to read
as follows:
2.4 No person shall operate an AII- Terrain Vehicle:
b) In any urban area including but not limited to Kincardine,
Tiverton, and Inverhuron except as a means of direct
access for the purpose of entering or exiting the urban
area or to obtain core services.
2. This By -law shall come into full force and effect upon its final passage.
3. This By -law may be cited as the "AII- Terrain Vehicles Use Amendment
By -law ".
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READ a FIRST and SECOND TIME this 17 day of February, 2010.
READ a THIRD TIME and FINALLY PASSED this 17 day of February, 2010.
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All- Terrain Vehicles Use Amendment By -law
By -law No. 2010 — 018
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